1990 PLP 1284 (CLC)

(a) to advise the Syndicate on academic matter; (b) to regulate the conduct of teaching, research and examinations; (c) to regulate the admission of students to the course of study and examination in the University; (d) to regulate the conduct and discipline of the students of the University; (e) to propose to the Syndicate schemes for the constitution and organization of Faculties, Teaching Departments and Boards of Study; (f) to consider or formulate proposals for the planning and development of teaching and research in the University; (g) to make Regulations, on the recommendations of the Board of Faculties and the Boards of Study, prescribing the courses of study, the syllabi and the outlines of tests for all University examinations; provided that if the recommendations of the Board of a Faculty or a Board of Study are not received by the prescribed date, the Academic Council may, subject to the approval of the Syndicate, continue for the next year the courses of study already prescribed for an examination; (h) to recognise the examinations of other Universities or examining bodies as equivalent to the corresponding examinations of the University; (i) to regulate the award of studentships, scholarships, exhibitions, medals and prizes; (j) to frame Regulations for submission to the syndicate; (k) to appoint members to the various Authorities in accordance with the provisions of this Act; and (1) to perform such other functions as may be prescribed by Statutes." immediate action, take such action as he may consider necessary and shall, as soon thereafter as possible, report his action for approval to the officer, Authority or other body which in the ordinary course, would have dealt with the matter. (4). ................... Similarly section 23 (3) (1) enshrines Constitution of the Academic Council while section 24 caters for its functions, the relative texts whereof are produced hereinafter:‑ "23.‑‑(1) The Academic Council shall consist of:‑‑ (i) The Vice‑Chancellor (Chairman); (ii) Education Secretary, Government of the North‑West Frontier Province; (iii) the Deans; (iv) the Directors; (v) the Principals of the constituent colleges; (vi) the University Professors including Emeritus Professors; (vii) the Chairman of the Teaching Departments; (viii) Director of Education, North‑West Frontier Province; (ix) two Associate Professors, other than Chairman of the Teaching Departments, to be elected by and from amongst themselves; (x) two Assistant Professors and two Lecturers to be elected by and fromamongst themselves; (xi) four Principals of affiliated colleges, Academies or Institutes, to be elected by the Principals of all such Colleges, Acadmies and Institutes from amongst themselves, of whom at least one shall be from professional colleges and one from the women's colleges; (xii) five teachers of affiliated colleges in an affiliated college, other than the Principals, to elected by the Teachers of all such colleges from amongst themselves, of whom at least one shall be from professional colleges and one from the women's colleges; (xiii) three persons eminent in the arts, the sciences and the professions, of them one shall be from such category to be nominated by the Chancellor; (xiv) the Registrar; (xv) the Librarian; and (xvi) the Controller of Examinations. (2) Members appointed by nomination or elections shall hold office for three years. (3) The quorum for a meeting of the Academic Council shall be one‑third of the total number of members. (4) The Registrar, shall be ex officio Secretary of the Academic Council." "24.‑‑(1) The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act and the Statutes, have the power to lay down proper standards of instruction, research, publications and examinations and to regulate and promote the academic life of the University and the colleges. (2) Without prejudice to the generality of the foregoing powers, and subject to the provisions of this Act and the Statutes, the Academic Council shall have the powers:‑ (a) to advise the Syndicate on academic matter; (b) to regulate the conduct of teaching, research and examinations; (c) to regulate the admission of students to the course of study and examination in the University; (d) to regulate the conduct and discipline of the students of the University; (e) to propose to the Syndicate schemes for the constitution and organization of Faculties, Teaching Departments and Boards of Study; (f) to consider or formulate proposals for the planning and development of teaching and research in the University; (g) to make Regulations, on the recommendations of the Board of Faculties and the Boards of Study, prescribing the courses of study, the syllabi and the outlines of tests for all University examinations; provided that if the recommendations of the Board of a Faculty or a Board of Study are not received by the prescribed date, the Academic Council may, subject to the approval of the Syndicate, continue for the next year the courses of study already prescribed for an examination; (h) to recognise the examinations of other Universities or examining bodies as equivalent to the corresponding examinations of the University; (i) to regulate the award of studentships, scholarships, exhibitions, medals and prizes; (j) to frame Regulations for submission to the syndicate; (k) to. appoint members to the various Authorities in accordance with the provisions of this Act; and (1) to perform such other functions as may be prescribed by Statutes."

7. A comparative examination of sections 2, 12, 13 and 23, reproduced above, would confirm that the Academic Council constituted under section 23 is the relevant organ of the University to regulate the admission of students to various courses of studies and examinations in the University. In this context reference may profitably be made to clause (c) of subsection (2) of section 24 ante providing for admissions of the courses of studies at the University. Whereas A on the other hand the Chairmen's Council, the Minutes of the meeting whereof (Annexure `A') have been invoked for the impugned conversion of Sports seat to that on merit, is a body absolutely alien to the organs provided for in the Act. It cannot, therefore, possibly be urged that the Chairmen's Council was in fact analogous to the Academic Council and that the order of conversion from Sports seat to that on merit was the authorised act of the Academic Council in the sphere of admissions to various courses of studies.

8. The answering‑respondents have also placed reliance on the Gomal University Admission Regulations for M.Ed. etc. (Annexure `B'). The Schedule of "Break up of the Seats for Various Categories of Candidates for Admission to Various Programme Courses of Gomal University" tagged with Annexure `B' shows allocation of one seat in M.Ed. Programme under the category of sports. The criterion for admission on Sport Seat (Annexure `C') is the same as reproduced in para. 5 ante.

9. We, however, find every force in the contention of the learned counsel for the petitioner that this criteria laid down by the "Central Admission Committee" and invoked by the Chairmen's Council to support the conversion of the Sports seat into that on merit having not been adopted by the Academic Council, a statutory body‑under the Act, is ultra vires and in any case would be in violation of the principles of natural justice because the Gomal University have B not allowed any female Sports event to enable any female to participate in the Inter‑University Sports Tournaments for the last four years and thereby rendered it impossible to get an Inter‑University Sports Certificate. Section 24 of the Act is the verbatim reproduction of section 17 of the North‑West Frontier Province University of Engineering and Technology Ordinance (No. XIII of 1980). A Division Bench of this Court in "Ishtiaq‑ur‑Rehman v. The Chancellor, N.‑W.F.P. University of Engineering and Technology Peshawar and 5 others" (1989 C L C 1303) relying on "Ghulam Mustafa v. Mehran University of Engineering and Technology" (1986 C L C 1056) has held that a bare reading of sections 8, 11, 15 16, 17 and 21 of the N.‑W.F.P. University of Engineering the Technology Ordinance would make it clear that the Ordinance has made it the exclusive function of the Academic Council to regulate the admission of students and the courses of studies. It was further held that the decisions of the Academic Council are subject to the approval of the Syndicate and that the Vice‑Chancellor in his individual capacity cannot act in substitution of the Academic Council regarding any functions entrusted to them by the Ordinance. Respectfully following the dictum in Ishtiaq‑ur‑Rehman's case referred to above, we are inclined to reiterate that Chairmen's Council or for that matter even the "Central Admission Committee" is an alien body to the Act to regulate the admissions and also to convert a sports seat to that on merits. It is only the Academic Council which has the relevant authority to lay down the criteria for admission on various seats strictly in accordance with the break up of the seats fixed under the Gomal University Admission Regulations (Annexure `B'). In consequence the Vice‑Chancellor respondent No.l or for that matter the Central Admission Committee respondent No.3 are not shown to have been authorised under the Act to regulate the admissions of students to various courses of studies of the Gomal University either for or on behalf of the Academic Council constituted under section 23 of the Act. Undoubtedly the "Admission Committee" is a body constituted under the "Gomal University Admission Regulations" ~'(Annexure `B') but its functions under para (b) thereof are circumscribed to conducting tests, interviews and examining the suitability of candidates for admissions and selecting candidates for admission for approval by the Vice Chancellor.

10. It would thus be seen that Admission Committee constituted under para. 2 (b) of the Regulations could not possibly lay down, amend, vary or substitute a new criteria for the old one. This power obviously vests under the Act in the Academic Council constituted under section 23 of the Act. Any order passed by the Admission Committee for varying criteria so as to convert a sports seat to that on merit was, therefore, without lawful authority. Be that as it may, it has been admitted by respondents Nos. 1 to 3 in their parawise comments that the petitioner's grievance expressed in her application photo‑copy Annexure `E' "was referred to the concerned Department and after due inquiry the same was disposed of under the existing rules and decision made by the Chairmen's Council in this regard" and thus her request was not acceded to. Now this request could legally be put up before and considered by the Academic Council. It could not possibly be referred under any provisions of the Act.

11. Before proceeding further it would be worthwhile to reproduce hereunder the orders passed by the Director of the Institute, to whom it had been earlier marked by the Vice‑Chancellor, on the application Annexure `E' of the petitioner: "The matter was discussed by the Admission Committee of the I.E.R. and following decision was made. "As per previous orders of the Vice‑Chancellor on a similar application of Miss Nuzhat Kulsoom (copy attached) the admission committee of I.E.R. has no authority to change the existing criteria for admission on sports basis. The matter desired by the Vice‑Chancellor may be referred to Sports Central Admission Committee." Sd./ Director I.E.R.

12. The impugned orders of the Vice‑Chancellor are to the following effect:‑ "Nobody has the authority to change the rules except the Academic Council/Syndicate. If desired the matter may be referred to one of these bodies". Sd/ Vice‑Chancellor." The criteria laid down for sports seat has been reproduced in para. 5 ante. No one could possibly get admission on the criteria in that no female sports event or tournament had been held by the University during the span of the last four years. Obviously it was not the fault of the female candidates that University Tournament for females were not held since the criteria was laid down. The Vice Chancellor ought to have, at the earliest referred, the matter himself to the Academic Council rather than leaving it to the discretion of the Director I.E.R. Due to the indifference of the Vice‑Chancellor one female seat reserved for sports has either remained unutilised or was purposely converted into that on merit for no fault of those for whose benefit it had been allocated. The impugned order is thus manifestation of non‑exercise of powers which vested in respondent No.l. He ought to have either seen that the sports events or female tournaments are held at the University level or else the matter should have been placed before the Academic Council. Consequently, the application Annexure `E' of the petitioner could neither be referred to the Department concerned, nor, it could be referred to the `Admission Committee' nor was it or could be disposed of "under the existing rules and decisions made by the Chairmen's Council", for, the last mentioned Council is not a body constituted under the Act. As stated earlier, it was body alien to the provisions of the Act. In this context it may be observed that section 13 (3) of the Act sets out powers of the Vice‑Chancellor as the principal executive and academic officer of the University which, inter alia, enables him to take certain actions warranting immediate intervention on priority basis in an emergent situation which thereafter should be submitted, as soon as possible, for approval of the authority competent under the Act, to deal with it.

13. Looked at from any angle, we find that the impugned action of the respondent to refuse admission of the petitioner to the M.Ed. Programme was ultra vires the Act which cannot be sustained on any hypothesis.

14. In the light of what has been discussed above, we accepted this writ petition, set aside the impugned orders whereby the petitioner was refused admission in the M.Ed. Course of study and direct that the petitioner, who is said to have already been provisionally admitted and has almost completed the course and had taken the examination with the permission of this Court, may be allowed to complete her course of studies and she shall be deemed to have been validly admitted. We may, however, clarify at this juncture that this order shall have no adverse affect on the admission of respondent No.4, who had been admitted on open merit in consequence of the conversion of the sports seat. The parties shall; however, bear their own costs. H.B.T./1003/P Petition accepted,